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Working Hours and Overtime in New Zealand

What are the standard working hours in New Zealand?

In New Zealand, the standard working hours are a maximum of 40 hours per week.

Is overtime governed by law in New Zealand? If so, what are the specifics outlined by law?

In New Zealand, there is no legislation mandating overtime. However, employers and employees can mutually agree on an overtime rate, which can be included in their employment agreement.

How is overtime payment calculated in New Zealand?

In New Zealand, there is no specific legal requirement for overtime payment. The calculation and payment for overtime need to be mutually agreed upon by the employer and the employee and included in the employment agreement. The arrangement for overtime can take various forms, such as:

  • Being included in the employee's salary.
  • Being paid at the employee's normal rate of pay, which must be at least the minimum wage rate or possibly a higher rate.

It is important for both parties to clearly outline the terms of overtime payment in the employment agreement.

What are the eligibility rules for time off in lieu in New Zealand?

In New Zealand, the eligibility rules for time off in lieu are determined by mutual agreement between the employer and the employee. It is important to note that time off in lieu is distinct from the entitlement to an "alternative holiday," which applies when an employee works on a public holiday.

Can employment agreements be backdated in New Zealand?

In New Zealand, employment agreements cannot be backdated. The law does not permit agreements to be dated retrospectively to a previous date.

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